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(영문) 대구지방법원 서부지원 2018.09.18 2018고단1436

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium while demanding, demanding or promising the consideration in using or managing access medium used in electronic financial transactions.

Nevertheless, on January 29, 2018, the Defendant would pay a total of KRW 2.1 million after being used for three days for the three-day period when he/she lent his/her e-mail card from Daegu-gu (Seoul), 5 907.

“On February 2, 2018, in response to the receipt of the text message to the effect that “,” sent the physical card connected to the account under one’s name in Daegu-gun D, to a place known by the above C, and sent the password via the Kakao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Data on reply to the new cooperation, a detailed statement of entrance fees, and letters exchanged with the other party; the application of the Acts and subordinate statutes on the transportation place;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 2006